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Nothing Wrongful About Death. Until It’s Wrongful Death

Nothing Wrongful About Death. Until It’s Wrongful Death

posted on Mar 01, 2018.

Freak accidents happen at work, while playing or when someone slips and descends 300 feet onto the pavement. These heartbreaking accidental deaths happen far too often across America, and in fact, one probably happened during your viewing of this paragraph. Call it fate, happenstance, or your deity calling you home – accidents happen.

But what differentiates ‘accidental’ and ‘wrongful’ death is an element of control. Many a great Sherman Oaks wrongful death attorneys have fought and won suits against corporations, individuals, governments – but none have had much success taking an inanimate object placed by nature herself to court. Just doesn’t work that way.

How can attorneys know whether someone wrongfully died?

First, one must have had control over another

There are several ways negligent individuals can exert control in such a manner that makes death unlawful. Your employer could force someone to use machinery with known defects, which could cause electrocution or entrapment. Landlords could cut corners in fixing stairwells, causing someone to fall and break their necks. Hotels could let children into their pools (supposedly closed for maintenance) and find them drowned the next day.

Using our digital age to harm individuals is another growing venue for wrongful deaths to occur. Talking or taunting someone in a manner that coerces them into performing acts against themselves, also known as intentional infliction of emotional distress (IIED), is actionable.

Anything that goes against how normal people control others in similar situations, or assists in harming people, is an act of litigable wrongful death.

Second, death must have occurred.

Well, this is obvious.

The completed sentence would be “A death must have occurred because of someone’s actions, wholly or in part.” An astute Sherman Oaks wrongful death attorney works to adjoin this and the first element because it tells judges and juries a completed story. The construction company built crappy scaffolding, which caused one worker to break their neck after falling 35 feet, for example.

Although this element seems obvious, it’s still imperative to prove because of what we initially discussed – accidentally is different than negligently but wrap similar components into their definition.

Finally, survivors are financially injured.

Millionaire wives who survive their husbands are equally injured financially as people without means of survival after decedents’ income dissipates. The only difference is the degree of fiscal pain one endures.

Most hardworking men and women work in tandem to keep households afloat. Other families have one breadwinner and one homemaker. When someone leaves Earth unexpectedly, financial suffering could cost people homes, vehicles, and when there’s nothing left, sanities.

Income lost now, in the future, burial costs, and anything which hurts widowers, parents, or siblings are awardable. Exact amounts are either determined by your Sherman Oaks wrongful death attorney and insurer or wrongdoer, or the jury.

Lost your loved one? Just remember…

People who’ve wrongly died would want you, the survivor, to nail the negligent party with every ounce of legal energy you could muster. That goes for anyone.

However, bear in mind the clear distinction between accidental death and one stemming from another’s recklessness.

Your attorney must prove beyond any reasonable doubt that someone had control over an action or situation which led to your loved one’s demise. This could be a vehicle accident, workplace tragedy, premises liability, or something you later discovered via text message or social media.